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<br />e <br /> <br />e <br /> <br />the Director shall so notify the City Council in a written report which may recommend action to be <br /> <br /> <br />taken by the City Council. The Director shall provide notice and a copy of such report to the <br /> <br />Grantee. In the event that the Director detennines that such failure has not occurred, or that such <br /> <br /> <br />failure either has been or will be cured in a manner and in accordance with a schedule reasonably <br /> <br />satisfactory to the Director, or that such failure is excusable, such detennination shall conclude the <br /> <br />investigation. <br /> <br />D. After receipt of such report from the Director, or at any time upon its own <br /> <br /> <br />motion, the City Council may take any of the actions provided in Section 26(3) hereof, provided <br /> <br /> <br />that if the City Council acts on its own motion it shall follow the procedural steps set forth in <br /> <br /> <br />Sections 26(1)(A-C) hereof. <br /> <br /> <br />2. Method of Revocation. Any such tennination and cancellation of this Franchise <br /> <br /> <br />shall be by ordinance adopted by the City Council; provided, however, before any such ordinance is <br /> <br /> <br />adopted, the Grantee must be given at least forty-five (45) days advance written notice, which <br /> <br /> <br />notice shall set forth the causes and reasons for the proposed tennination and cancellation, shall <br /> <br /> <br />advise the Grantee that it will be provided an opportunity to be heard by the City Council regarding <br /> <br /> <br />such proposed action before any such action is taken, and shall set forth the time, date and place of <br /> <br />the hearing. In no event shall such hearing be held less than forty-five (45) days following delivery <br /> <br /> <br />of such notice to the Grantee. At the hearing, the Grantee shall be entitled to all the rights of due <br /> <br /> <br />process consistent with the City procedures, including but not limited to, the right to present <br /> <br /> <br />evidence and the right to be represented by counsel. <br /> <br /> <br />3. City Council Action in Event of Breach. In the event that grounds exist which give <br /> <br /> <br />the City reason to believe that the Grantee fails to comply with a material provision of this <br /> <br /> <br />Franchise, as provided in Section 25 hereof, then, in accordance with the procedures provided in <br /> <br />25 <br />